[1705/6/147]¹

Ratification in favors of Mr James Nasmith of Dawick

Our sovereign lady, with advice and consent of the estates of parliament, ratifies, approves and perpetually confirms a charter under the great seal of the date at Bath, the seventeenth day of September, j^M vij^C and three years, granted by her majestie, with consent of her commissioners of thesaury and exchequer for the time, proceeding on the several resignations and conveyances of the same mentioned therein, to and in favors of Mr James Nasmith of Dawick, advocat, and the heirs male lawfully to be procreat of his body, which failyieing to the heirs female lawfully procreat or to be procreat of his body, which failyieing to his other heirs of tailyie therein mentioned, and failyieing of them to his nearest heirs and assigneyes whatsoever, the eldest heir female succeeding alwayes without division, heretably and irredeemably, and with and under the provisions and restrictions therein set down to which the said heirs of tailyie shall be oblidged in manner therein mentioned, of all and haill the lands and barony of Dawick, comprehending the lands of Easter and Wester Dawicks, the lands of Lour Maines of Dawick, with mill and milllands thereof, yeards, parks, houses, and pertinents of the same, with the right of patronage of the paroch kirk of Dawick, and haill superiorities of the said barony, with the teinds, parsonage and viccarage, of the said kirk and parochine kirklands of the same, and fourty eight sums of beasts, lying in the parochine of Dawick and sherifdom of Peebles. And of all and haill the lands of Cruickstoun, [also] lying in the parochine and sherifdom of Peebles. And all and haill the lands of Wrae, with all and sundry houses, biggings, tofts, crofts, mosses, muirs, meadows, pasturages, parts, pendicles and pertinents thereof whatsoever, lying in the parochine of Manner and sherifdom of Peebles foresaid. And of the fourty shilling land called Wester Smelhope, with houses, biggings, parts, pendicles and pertinents of the same, lying within the parochine of Glenwholme and sherifdom of Peebles. And all and haill that part and portion of the lands of Smelhope, and a soume of beasts upon the said lands, sometime possessed by William Grieve, miller at the mill of Urrisland. And of all and haill that part and portion of land called Urrisland, with the mill thereof, milllands, multures, sequells and pertinents of the same, whatsoever with the multurs of the lands of Stenhope, and of the lands called the fourth part of Rauchin, with all and sundry houses, biggings, yeards, parts, pendicles and pertinents of the same, lying in the parochine and sherifdom foresaid, with the liberty of pasturage in the commonty of Whomhope and other liberties used and wont, with necessary feual upon the lands of Smelhope to the tenents of the said lands of Urrislands, and mill of the same according to the usual custome. Which haill lands and others foresaid, with all right and title that her majesty her predecessors or successors had or could pretend thereto, or to any part thereof or to the maills and duties of the same are, by the foresaid charter, of new disponed to the said Mr James Nasmith and his foresaids in manner fully expressed therein, whereby also the samen haill lands and others abovementioned are united and erected in ane haill and free barony to be called, in all time comeing, the barony of Dawick, and one seasine to be taken at the mannour place of Dawick which is thereby appointed to be the principal messuage of the said barony, or upon the ground of any part of the said lands and barony, is ordained to be sufficient for all the foresaid lands, mills, teinds, patronage, superiorities and others abovespecified, with the pertinents united, as said is, to be holden of her majesty and her royal successors for payment of the blench, few and taxt ward duties particularly mentioned in the said charter. By which also the duties of ward, nonentry, relief and marriage due and payable for the said lands and old barony of Dawick, comprehending the lands, barony and others particularly abovespecified and for the said lands of Cruikstoun and Wrae, are taxed to the several sums therein expressed, for payment whereof the same are disponed to the said Mr James, his heirs male successors and assigneys foresaid, in manner mentioned in the said charter. And likewayes, the heirs male and of tailyie, successors and assigneyes foresaid of the said Mr James Nasmith are allowed, notwithstanding of their minority, to be served, retoured, infeft and seased in the said lands and barony. And further, the contract of marriage betwixt the said Mr James and Mistress Barbara Pringle, eldest lawfull daughter of Andrew Pringle of Cliftoun, with consent of her father on the one and other parts of the date the fifeteenth day of June, j^M vij^C and two years, together with the precept of seasine therein contained and instrument of seasine following thereupon in favors of the said Mistress Barbara, are approven and confirmed in manner fully expressed in the charter abovementioned, the precept of seasine contained in which charter and instrument of seasine thereon her majesty, with advice and consent of the said estates of parliament, does also ratifie, approve and perpetually confirm, in all and sundry heads, articles and clauses of the said charter, precept and seasine, and wills and grants and, for her majesty and her royal successors, statutes and ordains, that the foresaid charter and infeftment thereon shall be good, valid and sufficient rights, conform to the tenors of the same, to the said Mr James Nasmith and his foresaids for possessing and enjoying the lands, mills, teinds, patronages, superiorities and others abovementioned with the pertinents united in one barony in manner abovewritten, without any stopt or impediment, in so far as concerns the interest of her majestie or her successors, and declares that the same shall never be quarrelled by her majesty or her said successors, and also that this present ratification is and shall be as effectuall and sufficient, to all intents and purposes, as if the said charter and seasine thereon were word by word insert hereintill, with the not inserting whereof and with all other objections that may be proponed against the validity of this ratification or of the rights hereby ratified, her majestie, with consent foresaid, dispensed and hereby dispenses for ever. Extract.